Search Results for "decree absolute"

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Bombay High Court Allows Writ Petition Challenging Decree Under Section 6 of Specific Relief Act, 1963. Suit Under Section 6 Not Maintainable Against Person Claiming Lawful Title.

The petitioners, original defendants, challenged a decree dated 18th May 1998 passed in favour of the respondents-plaintiffs under Section 6 of the Sp...

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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...

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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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Bombay High Court Allows Revision in Suit for Possession Under Section 6 of Specific Relief Act — Plaintiff Failed to Prove Prior Possession Within Six Months. The court held that the plaintiff did not establish possession within the statutory period, and the decree for possession was set aside.

The case involves a civil revision application filed by the defendants (petitioners) against a decree passed by the 7th Joint Civil Judge, Jr. Divisio...

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Bombay High Court Dismisses Petition Challenging Amendment of Written Statement in Suit Challenging Consent Decree. Amendment Allowed as Suit Was at Stage of Framing Issues and No Prejudice Caused to Plaintiffs.

The petitioners, Salma Asgarali Makati and others, filed a Writ Petition under Article 227 of the Constitution challenging an order dated 22-10-2012 p...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...